112 Ga. 820 | Ga. | 1901
Alexander & Alexander filed a claim to the levy of an attachment in favor of D. B. Turner against B. E. Buford, and the issue thus raised was tried in the city court of Richmond county. Upon the trial, after the introduction of evidence, both documentary and oral, in behalf of both parties, the court directed a verdict for the claimant. The plaintiff in attachment brought the case
The rule here laid down is closely followed in the cases of Warren v. Oliver, 111 Ga. 808, and Phillips v. Southern Ry. Co., 112 Ga. 197. In the latter case this court, looking to both the bill of exceptions and the record, was able to discover, and did discover, that the assignment of error necessarily meant “that the court erred in adjudging that the evidence demanded the verdict directed,” and accordingly decided the question thus made. That was a case in which a verdict was directed for the defendant, no. question having been raised, by demurrer or otherwise, as to whether or not the petition set forth a cause of action. It is to be noted that we expressly refrained from passing upon this point, for the simple reason that it was not made. It necessarily followed that the court must have directed a verdict for the defendant, because in its opinion the evidence did not sustain the allegations of the petition. The case at bar, however, is quite different. The bill of exceptions does not disclose what error was‘made by the lower court. Presumably, numerous questions were raised upon the trial, upon any one of which the court may have based its ruling. In the absence, therefore, of any specific assignment of error in the bill of exceptions, we are compelled to grant the motion of counsel for defendant in error to dismiss the writ of error.
Writ of error dismissed.